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2008 (8) TMI 931 - HC - Customs

Issues involved: Seizure of goods belonging to the petitioner, Allegation of mala fide intentions by respondents, Failure of respondent No.3 to act upon petitioner's representations.

Seizure of goods belonging to the petitioner: The petitioner's goods at a specific location were seized by respondent Nos.1 and 2, leading to financial loss. Counsel for the petitioner argued that the goods were seized with mala fide intentions to target another entity, M/s. Navshakti Industries Pvt. Ltd., of which the petitioner is a director. The petitioner had made representations to respondent No.3, who failed to act upon them or provide a hearing, resulting in continued sealing of the goods.

Allegation of mala fide intentions by respondents: Respondent Nos.1 and 2 contended, through a counter affidavit, that the seized goods did not belong to the petitioner but to M/s. Navshakti Industries Pvt. Ltd. Despite this, the petitioner's counsel requested a direction for respondent No.3 to consider the representations and issue a speaking order. The court found that considering the petitioner's representation would not prejudice respondents No.1 and 2.

Failure of respondent No.3 to act upon petitioner's representations: Despite the absence of respondent No.3, the court directed that a notice be sent to the petitioner's address within two weeks, followed by a personal hearing and a speaking order on the representation within eight weeks. The petitioner was granted the liberty to take further legal steps if aggrieved by the order passed by the respondents, ensuring due process in addressing the grievance.

 

 

 

 

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